The Supreme Court has dismissed on a technicality a petition questioning the decision of the Commission on Elections (Comelec) disqualifying two senatorial candidates of the Kilusang Bagong Lipunan (KBL), the once monolithic political party founded by former President Ferdinand Marcos.

In a full court decision, the SC held that the petition for certiorari filed by retired Lt. Col. Romeo Maganto and singer Anthony Castelo failed to comply with Rule 64 and other related provisions of the 1997 Rules of Civil Procedure, governing review of judgments and final orders or resolutions of Comelec.

The High Court noted that the petition did not bear the date of the current professional tax receipt of the lawyers for the petitioners.

It also said that the petition failed “to state material dates showing when notice of judgment, final order or resolution subject of the petition was received, when a motion for reconsideration, if any, was filed, and when notice of the denial thereof was received, to show that the petition was filed on time pursuant to Rule 64, Section 5, in relation with Rule 46, Section 3.”

In the 17-page petition they have filed, Maganto and Castelo also asked the SC to order the Comelec to include their names in the list of qualified senatorial candidates in the May 10 elections.

Both Maganto and Castelo had initially applied as independent candidates, which was the main reason why they were disqualified by the poll body.

The Comelec ruled they had “no capacity and capability to mount a serious and bona fide nationwide campaign to support their bid to office.”

This prompted them to file a motion for reconsideration in which they informed the Comelec that they have just been adopted as senatorial candidates by the KBL, the political party founded by the late strongman Ferdinand Marcos.

KBL president Vicente Millora signed as co-petitioner in the petition filed by Maganto and Castelo.